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Employment Testing Agreement

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EMPLOYMENT TESTING AGREEMENT

This Employment Testing Agreement (the Agreement) is entered into between Employer Name: and Applicant / Employee Name: on this date:

1. Purpose and Scope

The parties agree that the Employer may require the Applicant / Employee to submit to employment-related testing as a condition of employment or continued employment. Tests may include, but are not limited to, drug and alcohol screening, medical examinations, psychological or cognitive assessments, skills or competency testing, and sample collection for laboratory analysis. Testing may be required prior to hire (pre-employment), for-cause, post-accident, random, periodic, or as otherwise permitted by law.

2. Types and Circumstances of Testing

I understand and consent that testing may be required under the following circumstances (check all that apply):

3. Specific Tests

The following tests may be administered (check applicable boxes):

4. Sample Collection, Analysis, and Medical Review

Collection and analysis will be performed by a qualified testing provider selected by the Employer. I consent to sample collection by a qualified collector and to laboratory analysis. Positive or otherwise non-negative results for controlled substances will be reviewed by a Medical Review Officer (MRO) where required by applicable law and industry practice, and the MRO will contact me prior to reporting a confirmed positive result.

5. Consequences of Failure or Refusal

I acknowledge that a confirmed positive test result, a refusal to submit to testing, tampering with a specimen, or failure to follow collection procedures may result in adverse employment action up to and including withdrawal of an offer of employment or termination of employment, consistent with applicable law and Employer policy.

6. Confidentiality and Use of Results

Test results and related medical information will be maintained as confidential medical records, disclosed only to those with a legitimate need to know (including the MRO, designated Employer representatives, and testing laboratory), or as required by law. Results will be used for employment decisions only as permitted by law and Employer policy.

7. Reasonable Accommodation and Medical Exceptions

If I have a disability or medical condition that may affect testing or the interpretation of results, I will notify the Employer prior to testing. The Employer will consider reasonable accommodations in accordance with applicable law. Nothing in this Agreement waives the Employer's obligations under applicable disability or employment laws.

8. Release and Indemnification

To the extent permitted by law, I release and hold harmless the Employer and the testing provider from liability arising from the collection, testing, and reporting of test results, provided proper procedures are followed. I agree to indemnify the Employer for claims arising from knowingly providing false information or tampering with a test specimen.

9. Administrative Details

Testing provider name:

Who will pay for testing (check one):

Personal Information

Position Information

Employment History (most recent first)

Dates employed: From to

Dates employed: From to

Education

Professional References (3)

Legal Disclosures and Acknowledgments

At-Will Employment Acknowledgment: I acknowledge that unless I have a written contract expressly stating otherwise, my employment is at-will, meaning either I or the Employer may terminate the employment relationship at any time, with or without cause, and with or without notice, to the extent permitted by law.

Equal Employment Opportunity Statement: The Employer is an equal opportunity employer. Employment decisions, including testing requirements and use of results, will be made without unlawful discrimination.

Acknowledgment of Receipt and Understanding: I acknowledge that I have read and understand this Agreement, that I have had an opportunity to ask questions, and that I consent to the testing as set forth herein.

Applicant / Employee Certification and Authorization

By signing below, I certify under penalty of perjury that the information I have provided in this Agreement is true and complete. I authorize the Employer, its testing provider, and designated representatives to administer the tests described above and to obtain, receive, and use test results for employment-related determinations. I authorize prior employers, references, medical professionals, and testing laboratories to provide relevant information to the Employer or its testing provider.

I understand that I may request confirmatory testing where applicable and that I have the right to supply legitimate medical explanations for unexpected or non-negative test results for review by an MRO or other qualified medical professional.

Employee Printed Name:

By:

Date:

Employer Printed Name:

By:

Date:

Enter text✕

What an Employment Testing Agreement Is and covers

An Employment Testing Agreement is a written record that obtains an applicant’s or employee’s consent to specified pre-employment or ongoing tests (for example background checks, drug and alcohol screening, health evaluations, or skills assessments). The agreement documents the types of tests, the purpose, data handling, and any conditions that affect hiring decisions. Employers should align the form with federal requirements such as the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) when consumer reports are used and with ESIGN (15 U.S.C. §7001) or applicable state UETA rules for electronic execution.

Why a clear Employment Testing Agreement matters

A clear agreement creates legal consent, sets expectations for data use, and documents compliance steps for background checks, medical testing, and skills verification. Proper recordkeeping reduces litigation risk and supports defensible adverse action decisions.

Why a clear Employment Testing Agreement matters

Who prepares and signs this agreement

Typical users include human resources teams, hiring managers, compliance officers, background check vendors, and applicants.

  • HR departments managing hiring and onboarding processes, ensuring consistent consent and retention practices across hires.
  • Third-party screening vendors that require written authorization to run consumer reports or collect sensitive test results.
  • Applicants and current employees who must give documented consent before testing or before use of consumer reports.

Essential elements to include in the agreement

A professional Employment Testing Agreement combines specific test descriptions, lawful disclosures, signature blocks, data use terms, and retention instructions to make the process transparent and defensible.

Test Types

List each test (drug screen, background check, skills assessment, medical exam) and specify method, specimen, or vendor details for clarity and admissibility.

Purpose

State why the test is required (employment screening, safety-sensitive role, regulatory compliance) and how results will affect hiring or placement decisions.

Consent

Include a clear affirmative consent clause that references consumer-report use when applicable and complies with FCRA requirements for authorization.

Data Handling

Describe who will receive results, how data will be stored, retention periods, and any third-party disclosures or downstream uses of test data.

Adverse Action

Explain the pre-adverse and adverse action steps when a consumer report or test result influences a hiring decision, including notice rights.

Signature

Provide signer name, date, and capacity; include electronic consent language consistent with ESIGN/UETA and specify authentication method used for e-signing.

Step-by-step: completing the Employment Testing Agreement

Follow this sequence to collect valid consent, trigger testing, and preserve an audit trail suitable for compliance and adverse action steps.

  • 01
    Prepare form: Populate employer and test details prior to sending.
  • 02
    Send to signer: Deliver via secure link or paper for signature.
  • 03
    Verify identity: Use ID check, email/SMS code, or vendor KBA.
  • 04
    Capture signature: Obtain dated signature and store the executed copy.

Configure an online workflow for this agreement

Set up fields, signer roles, and authentication before sending to ensure each step produces an auditable record and smooth vendor handoff.

Field Configuration
Authentication Email link + optional SMS code for signer identity
Routing order Employer → Applicant → Background vendor (sequential)
Conditional fields Show test-specific fields only when selected
Audit capture Enable IP, timestamp, and device logs

Digital delivery, formats, and integrations

Choose a platform that supports secure e-signatures, common file formats, and integration with HR or screening systems.

  • Integrations: Salesforce, NetSuite, Microsoft 365, or HRIS
  • Formats: PDF, DOCX, and PDF/A supported
  • Authentication: Email, SMS, KBA, or SSO available

Timing rules and processing expectations

Respect required sequencing: obtain written consent before ordering consumer reports or medical tests, follow FCRA pre-adverse action steps, and meet record retention timelines specified by regulation.

Consent before testing:

Obtain signed authorization before ordering background or medical tests.

Pre-adverse action:

Provide disclosure and a copy of report before adverse action under FCRA.

Adverse action notice:

Send written adverse action notice when a decision is based on a report.

Result delivery:

Share medically relevant results only with authorized personnel.

Vendor turnaround:

Expect 24–72 hours for common background and drug screen results.

Common mistakes to avoid when preparing this agreement

  • Using vague consent language that does not identify the tests or vendors, which can render authorization legally insufficient and delay screening.
  • Failing to obtain separate written authorization for consumer reports when required under FCRA, increasing exposure to statutory claims and remediation costs.
  • Over-collecting personal or health data without limiting purpose or retention, which can violate HIPAA or state privacy laws and increase breach risk.
  • Not preserving an audit trail that captures identity verification, timestamp, and signer attribution, weakening proof of consent in disputes.

Penalties and legal risks from incorrect agreements

FCRA Liability: Civil damages and statutory penalties
Privacy Violations: HIPAA or state privacy fines
Discrimination Claims: EEOC lawsuits or remediation
Invalid Consent: Tests may be inadmissible
Recordkeeping Violations: Regulatory penalties for retention failures
Operational Delays: Hiring timeline disruption

Typical eSignature vendor comparison for employment testing workflows

Basic pricing and feature differences among common eSignature vendors; signNow is listed first. Confirm vendor terms and plan features before purchase.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Where to send and how submissions are routed

Decide routing destinations upfront so signed agreements flow to HR systems, vendors, and secure storage in the correct sequence for access control and auditability.

  • HRIS: Store executed copy in the human resources information system.
  • Background Vendor: Send authorization directly to the screening provider.
  • Applicant: Provide the signer a copy for their records.
  • Secure Archive: Preserve a tamper-evident PDF in long-term storage.

Real-world examples of electronic execution

Customer examples illustrate how signed testing agreements reduce friction and keep records centralized for compliance.

Optica Ventures

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

  • Faster candidate turnaround and fewer paper errors.
  • Optica documented consistent consent practices and reduced onboarding time while maintaining an audit trail for each test authorization.

Fertility Centers of Illinois

The airSlate SignNow team has been exceptional, responsive, the API has been great.

  • Integration with existing systems simplified workflows.
  • The organization centralized signed consents, improved secure storage controls, and maintained regulatory compliance across patient and employment data flows.

Security and compliance features to look for

Encryption: TLS 1.2/1.3; AES-256
Certifications: SOC 2 Type II; ISO 27001
HIPAA Support: BAA available
Regulatory: ESIGN and UETA compliant
21 CFR Part 11: Supported for pharma/FDA workflows
Accessibility: WCAG 2.0 Level AA

Practical tips for accurate and efficient completion

Adopt consistent templates, limit sensitive data collection, and verify all authentication and retention settings before sending to minimize legal exposure and operational delay.

Use specific language
Draft consent language that names tests, vendors, and purpose; avoid blanket or ambiguous authorizations that can be challenged in court.
Separate medical consent
When collecting health or diagnostic data, include HIPAA-compliant authorization and limit disclosure to authorized roles only.
Preserve audit trails
Enable platform audit logs (IP, timestamp, device) and store a tamper-evident PDF for each executed agreement.
Review state rules
Check state biometric, employment, and privacy laws (for example BIPA in Illinois or California privacy rules) before deploying a standard form.

Frequently asked questions about Employment Testing Agreements

Answers to common legal and practical questions about consent, electronic signatures, data handling, and timing when using testing agreements for hiring.


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